Need help with CPT/OPT/F-1 student FICA refund - struggling with Form 8316 and 843

You're right that as an F-1 student with OPT status, you should be exempt from FICA taxes (Social Security and Medicare) if you're still considered a non-resident alien for tax purposes. This happens quite often because many employers' payroll systems aren't set up to handle these special exemptions. Filing Form 8316 (Statement Regarding Social Security and Medicare Tax Exemption) along with Form 843 (Claim for Refund and Request for Abatement) is the correct approach when your employer doesn't fix the issue. For Form 843, here are the key sections to focus on: - Line 3: Check the box for "Social security or Medicare tax" - Line 4: Enter the incorrect tax amount and tax period (quarterly) - Line 5: Explain that you're exempt from FICA as an F-1 student under IRS Section 3121(b)(19) - Line 7: Include "I am a non-resident alien F-1 student exempt from FICA taxes" You'll need to attach: 1. A copy of your W-2 showing the incorrect withholding 2. A copy of your I-94 and visa documentation 3. A letter from your university verifying your F-1 status during the employment period 4. Completed Form 8316 The good news is you can absolutely do this yourself without paying a CPA if you're careful with the paperwork!

After struggling with almost the exact same situation (F-1 student with incorrect FICA withholding), I found this amazing tool called taxr.ai (https://taxr.ai) that literally saved me hours of frustration with these forms. I was totally confused by Form 843 and kept second-guessing every section. The taxr.ai system analyzed my situation, including my F-1 status and FICA withholding amounts, then generated perfectly filled sample forms with instructions specific to my case. It even highlighted exactly where my university documentation needed to be attached. Their document analysis pointed out that I needed to include specific language about the tax treaty provisions that applied to my home country, which I would have completely missed. Got my refund of $1,100 about 8 weeks after submitting!

Just wanted to update after using taxr.ai for my F-1 FICA refund situation. I was skeptical about sharing my documents online, but their security measures are legit, and their system flagged exactly where my employer had made the withholding error on my W-2. What impressed me most was how they customized the Form 843 explanation text for my specific situation - they included references to the exact IRS regulations for OPT students and created a perfect explanation paragraph that cited my visa status dates. They also caught that I needed to include documentation of my CPT authorization since I had worked under both CPT and OPT. Just got confirmation that my claim is being processed! The $1,350 refund should be coming in the next few weeks. Definitely saved me from making mistakes that would have delayed everything.

If you're having trouble getting a response from the IRS about your FICA refund claim (which is super common with these F-1/OPT refund requests), I highly recommend trying Claimyr (https://claimyr.com). I filed my Forms 8316 and 843 almost 5 months ago and heard absolutely nothing. After weeks of trying to call the IRS directly and always getting the "due to high call volume" message, I found Claimyr and was skeptical but desperate. You can see how it works here: https://youtu.be/_kiP6q8DX5c They basically hold your place in the IRS phone queue and call you when an actual agent picks up. I was connected with an IRS rep within 45 minutes, and found out my claim had been received but was sitting in a processing backlog. The agent was able to flag it for review, and I finally got my $1,270 FICA refund two weeks later.

Just wanted to admit I was totally wrong about Claimyr. After my skeptical comment, I got desperate after my third rejected Form 843 (kept making technical errors), so I gave it a shot. Was connected to an actual IRS agent in about 30 minutes who looked up my case. Turns out I had been filling out the wrong section for the tax period on Form 843, and they guided me through exactly how to correct it. They also confirmed I needed to attach a specific letter from my international student office verifying my F-1 status during employment. Finally got my forms submitted correctly and just received confirmation that my FICA refund is being processed. Saved me from making the same mistake a fourth time! Sometimes you gotta eat your words and admit when something actually works.

Another tip for F-1 students dealing with FICA refunds: make sure you're actually exempt! If you've been in the US for more than 5 calendar years, you might be considered a resident alien for tax purposes (even with F-1 status), which means you WOULD be subject to FICA taxes. I made this mistake and had my claim rejected because I'd been studying in the US for 6 years. The substantial presence test kicked in, and I was considered a resident alien for tax purposes. The rejection letter cited IRC 7701(b) as the reason. Double-check your residency status before filing to save yourself the headache!

Is it worth filing these forms if the FICA amount is only about $500? I'm in the same situation (F-1 student, employer withheld FICA incorrectly), but everyone tells me it's such a hassle that might not be worth it for a smaller amount. Has anyone successfully gotten a refund for a smaller amount?

I went through this exact situation last year as an F-1 student on OPT! My employer also withheld FICA taxes incorrectly and wouldn't fix it. I successfully filed Forms 8316 and 843 myself and got my $890 refund after about 10 weeks. A few tips that really helped me: 1. **Get organized first**: Create a checklist of all required documents before you start filling out forms. You'll need your W-2, I-94, passport visa page, and a letter from your university's international student office. 2. **Calculate quarterly amounts carefully**: For Form 843 Line 4, I used my pay stubs to break down exactly how much FICA was withheld each quarter. This seemed to speed up processing. 3. **Be specific in your explanation**: In the explanation section, I wrote something like "I am an F-1 student on Optional Practical Training exempt from FICA taxes under IRC Section 3121(b)(19). I have been in the US for less than 5 calendar years and maintain non-resident alien status for tax purposes." 4. **Mail everything certified**: Send your forms via certified mail so you have proof they received it. The IRS doesn't always send confirmation that they got your paperwork. The whole process was definitely confusing at first, but it's absolutely doable without paying a CPA $275! Your $1,350 refund is definitely worth pursuing. Just take your time with the forms and double-check everything before mailing.